This has been a tough year for both Usher and Ex Wife Tameka Foster. With their eldest child nearly drowning in a pool at the singer’s home Monday afternoon, Usher’s former spouse seeks to reclaim full custody claiming he’s indeed an absent parent who travels ”in excess of 85% of each month.”

Usher Raymond V, the former couples’ five year old son, almost drowned “in a swimming pool and is currently hospitalized in the intensive care unit of the Children’s Healthcare of Atlanta Hospital,” stated Tameka Foster at an emergency hearing in a Fulton County, Georgia, courtroom Tuesday.

Following Monday’s mishap, Foster pleaded to the judge that Usher “continues to excessively travel, utilizes third-party caregivers to supervise the minor children rather than personally exercising parenting time and providing supervision for the minor children.” She contended the entertainer is “not capable of providing daily caregiving and supervision for the minor children of the parties as petitioner is preparing to film a movie in Panama and has ongoing commitments that require his presence in Los Angeles, New York and various other cities for The Voice and his upcoming album.”

However, the child is now in good health as foster reports her son “is doing much better”. Usher also released a statement saying ”I am blessed and fortunate to say that my son Usher V is doing well and is recovering. I am overwhelmed by the outpouring of prayers, love and support for my family’s well-being.”

The entertainer’s aunt called 911 after being “unsuccessful in pulling the victim from the pool drain,” but luckily two workers installing sound equipment in the home rushed to the child’s aid safely removing the five year old from the water. The child was “conscious, alert and breathing” as the ambulance took him to a hospital, where he was kept overnight.